Delhi

East Delhi

CC/213/2018

SACHIN TYAGI - Complainant(s)

Versus

SANSUI INDIA - Opp.Party(s)

06 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 213/18

Shri Sachin Tyagi

S/o Late Shri Gyaneshwar Tyagi

R/o WA-197, Shakarpur

Near ‘H’ Block Hanuman Madir

Delhi – 110 092                                                           ….Complainant

Vs.    

1. M/s. Sansui India Ltd. (Through its Dealer)

Plot No. 296, 1^st Floor

Udyog Vihar, Gurugram,

Haryana – 122 016                                                         …Opponent

Date of Institution: 13.07.2018

Judgement Reserved on: 06.03.2020

Judgement Passed on: 11.03.2020

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

Order By: Sh. Sukhdev Singh (President)

JUDGEMENT

          This complaint has been filed by Shri Sachin Tyagi against           M/s. Sansui India Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant purchased a LED Sansui SNS40FB from M/s. Sargam India Electronics Pvt. Ltd., Vikas Marg, for   Rs. 21,900/- vide invoice no. SPREET-05139 dated 21.06.2017, with one year warranty. 

          It was stated that after sometime, LED stopped working for which the complainant lodged complaint via email to M/s. Sansui India Ltd. (OP) at

          The complainant sent a legal notice dated 16.06.2018, which was delivered on 19.06.2018 which was neither replied nor complied.  It was further stated that due to the act of M/s. Sansui India Ltd. (OP), the complainant had suffered a great financial loss of Rs. 21,900/- as well as mental harassment.  Hence, he has prayed for directions to OP to replace the LED Sansui with a new one; compensation of Rs. 50,000/- for mental trauma, pain and agony and Rs. 30,000/- towards cost of litigation.       

3.       Mr. Sudhir Kumar (ASI) appeared for OP, but did not file the WS and stopped appearing.  Hence, they were proceeded ex-parte.

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been  stated in the complaint.  He has also got exhibited copy of legal notice and receipt of tracking report (Ex.CW-1/A & 1/B), copy of retail invoice   (Ex.CW-1/C), photocopy of Aadhar card of consumer (Ex.CW-1/D), warranty card (Ex.CW-1/E) and emails conversations (Ex.CW-1/F). 

6.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the evidence on record, it is noticed that the complainant have not filed any job sheet, though, he has stated that one of the engineers visited the house of the complainant to rectify the problem who told that the mother board was not working and complete LED would be replaced.  

The LED has been purchased on 21.06.2017 as per retail invoice Ex.CW-1/C and as per warranty card (Ex.CW-1/E), the warranty was for one year from the date of purchase i.e. 21.06.2017, it means the warranty cover was upto 20.06.2018. 

The complaint has been got registered on 07.03.2018 within the warranty period.  When the complaint of complainant has not been attended properly and the LED was within the warranty, the testimony of the complainant which has gone un-rebutted has to be relied upon.  Thus, from his testimony, it comes out that by not attending to the complaint of the complainant, there was deficiency on the part of OP.

In view of the above, we allow the present complaint and direct OP to repair the LED TV without any cost thereby giving extended warranty of 6 months on the LED TV from the date of repair.

          We also award Rs. 5,000/- as compensation on account of mental agony and harassment. 

The said order be complied within 45 days from the receipt of order.  If not complied, OP shall refund the cost of LED of                Rs. 21,900/- and Rs. 5,000/- compensation awarded to the complainant alongwith interest @ 9% per annum from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

(DR. P.N. TIWARI)                                                              (SUKHDEV SINGH)

         Member                                                                             President